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Annual returns of companies

Uma (.) (90 Points)

12 March 2014

i want to knw wheather there is any last date for filing annual returns and financial statements of a private company?/

can i file annual return for the year 2011-11 now?

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PRANIT DALVI (ACCOUNTANT PLUS COMPLIANCE OFFICER) (97 Points)
Replied 12 March 2014

Dear Uma,

Form 23AC & 23ACA (Financial Statement)- within 30 Days from the date of AGm

Form 20B (Annual Return) Within 60 Days from the date of AGM

You can file it now but you have to pay additional fees.

CA Saroj Kumar (Keen to learn something new every moments) (2588 Points)
Replied 12 March 2014

Due date for filling of ROC returns

1. Holding of Agm	Within 6 months from the date upto which financial statements are prepared. i.e for Fin.St.as on 31st March, AGM Should be held on or before 30th Sept.	Every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees and in the case of a continuing default, with a further fine which may extend to two hundred and fifty rupees for every day after the first during which such default continues. (As per Sec 168)
2. Filing of annual audited financial statements	Within 30 days from the date of AGM as per Sec 220 (1)	Fine of Rs.500/- for every day as per Sec 220 (3) which in turn refers to 162 (1).
3. Filing of annual return to RoC	Within 60 days from the date of AGM as per Sec 159 (1)	Fine of Rs.500/- for every day as per Sec 162 (1)
4. Compliance certificate Every company not required to employ a whole-time secretary and having a paid-up share capital of ten lakh rupees or more shall file with the Registrar a certificate from a secretary in whole-time practice u/s 383 A	Within 30 days from the date of AGM	Fine of Rs. 500 for every day during which the default continues as per sec 383A(1A)

Further in addition to above :-

General Circular No: 4/2010
22nd November 2010

In partial modification of earlier circular 14/3/87-CL-V Voll-III dated 23.01.1995 the following table shall be applicable for additional fees to be levied for delay in filing forms other than form 5:

Period of Delay	Fixed Rate of additional fees
Upto 30 days	Two times of normal fees
More than 30 days and upto 60 days	Four times of normal fees
More than 60 days and upto 90 days	Six times of normal filing fees
More than 90 days	Nine times of Normal filing fees

The additional fees are payable over and above the normal filing fees.

Form	Period of delay	Rate of Additional Fees*
5	Up to one year	2% of filing fees per month or part thereof of delay
	Exceeding one year	2.5% of filing fees per month or part thereof of delay